LookingforInfo2018

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About LookingforInfo2018

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  1. I had no idea, thanks for filling me in on that. Once you initiate, you must pay the fee? I thought some people had begun the process, then held off on paying. But I must've been mistaken. I've sent the answer in, I'm holding off until next week for the rest. It states that they will cover the costs only if it's unrelated to debt collects. No such luck there.
  2. Thank you!! As for the card agreement with your MTC, is it necessary to include the entire 10 page card agreement? Or is just the arbitration section needed? I called the courthouse to double check that I had found the right Notice to Appear online, since PRA chose to 'forget' to include it in their paperwork. The clerk told me that they charge a filing fee of $35. He said you had to pay even to file an Intent to Appear.. This isn't listed anywhere, I'm proceeding assuming he's mistaken. Have you ever heard of this before?
  3. I've had a moment of clarity after doing a lot more research and MTC is really the only way to go about this.. " Defendant sent a letter via certified mail to Plaintiff's attorney on ____________, 2019, electing arbitration with AAA and requesting dismissal of this case (see Exhibit A, attached). " I know this may be a dumb question, but I can't find anyone explaining this.. What is the letter that should be sent and also attached as an exhibit? Is there a sample of this anywhere? MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following: 1. That on or about ___________, 2019, Plaintiff filed its Complaint against Defendant. 2. Defendant sent a letter via certified mail to Plaintiff's attorney on ____________, 2019, electing arbitration with AAA and requesting dismissal of this case (see Exhibit A, attached). 3. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit B, attached). 4. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things: (a) You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to your Account, a previous related Account or our relationship (called “Claims”). (b) If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. (c) Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion or discovery in a court lawsuit. (d)The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statute of limitations. 5. The Federal Arbitration Act (FAA) 9 USC, Section 1-2 provides: “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”. 6. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored. "We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone , supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010) (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989) ." Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . " 7. The Defendant elects arbitration to settle this dispute. WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement and to dismiss Plaintiff’s complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending contractual arbitration. Respectfully submitted this day ________________, 2019 (Your name typed), Defendant, pro se
  4. I meant simply that if this ends in a Judgement, bankruptcy would have to be the next step.
  5. I talked to PRA for over an hour today, they won't budge on a settlement and refused to consider any settlement less than 75% of the claim. I've re-read everything. This is not a bluff, and has to be seen all the way through. What if they actually do go through with the MTC. Could be you please give me advice on what I should write as a defense on this form? They did not send anything with signatures, they claimed they sent statements showing credits and debits, but they did not.
  6. Yes, I do understand that. I was just confused why the lawyer would give conflicting information. I'm not sure what he was trying to accomplish.
  7. Thank you both for your help. I've still yet to file anything. I've spoken to two lawyers basically stating it isn't worth their time/my money to represent this. I felt like I was talking to used car salesmen. One's advice was to speak to the JDC to see if they would work out a payment plan and in turn, drop the lawsuit.. Is this even a possible outcome? The problem is my spouse really does not want to appear in court, which is obviously frustrating but understandable. I received conflicting information about Arbitration as well. Is Arbitration the same as magisterial court, in that both parties have to show up. And if not, the present party wins by default? Also, one stated the threat of judgement meaning they can show up to your home and take furniture. He's judgement proof in every way, and currently living with relatives. Would that even be a legal possibility if the home isn't even in your name?
  8. Just to be clear, as it is a bit overwhelming, the form 'Demand for Arbitration' through AAA is not the same as MTC? This is the arbitration clause in the card agreement. Since I am essentially suing them instead, does this mean they are responsible for the costs? Also, I can't seem to find a straight forward answer. I've seen people say they have done it many times, but do you know if it's acceptable to send someone in your place to represent you in court, such as a spouse? And if so, is there something that needs included to state this in the Intent to Appear? Thank you both!
  9. To file an answer, do I do this through the AAA website? The 'Notice of Intention to Appear'. Do I file this also or do I file the MTC first? Or file something else in its place?
  10. Thank you!! How do I proceed with this? I read the link Harry linked, and I'm still confused. I'd really like to avoid all of this and have a dismissal if at all possible, I just have no idea how to do this. I'm afraid to make any phone calls just yet as I don't want to put my foot in my mouth.
  11. Sorry for the delay, I had to wait until Monday to call the clerks office. They have no explanation why the sheriff's office had a different name, but stated the name on the docket is who it's for. Here's a photo of the docket itself. Sorry for the quality, my scanner decided not to work at the most inopportune time.
  12. .There's a stamp for the county court house so I'm assuming that means it's not AAA? .As I said in the first post, I managed to have charges dropped last year is Magisterial Court. Is arbitration that same in that you deny everything? Or are they more prepared? This one did include a last statement, my other one did not. This is what I'm concerned about also, but I'm nervous about making phone calls just yet. How do I know which forum it's in? Sorry, I'm totally new to this. It's father and son's names. Same first and last, different middle initial. The sheriffs paper is to the former and arbitration papers are the latter. It just seems too much of a mistake to be overlooked? Thank you for your response, also!
  13. Is there a way to know which it is? Does arbitration work the same way as a court? As in, they could still possibly pull out if I enter a "Notice of Intention to Appear"? Or will it go all the way regardless? What are the proper steps going in to arbitration? Do I need to file a motion of discovery or is it too late? Another odd thing about all of this is that the cover paper, "Notice of Suit to Sheriff" has the defendants name different than the Arbitration docket. I don't own anything. However, the person on the front does, and also coincidentally recently filed for bankruptcy. Could this possibly be them barking up the wrong tree and thinking they will get something out of this? I'm nervous about calling anyone, but I really am confused by all of this. Is it not wise to call?